R v Clark

Case [2009] QCA 361

SUPREME COURT OF QUEENSLAND

CITATION:

R v Clark [2009] QCA 361

PARTIES:

R
v
CLARK, Tania Winifred Paula
(appellant/applicant)

FILE NO/S:

CA No 162 of 2009
SC No 482 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

27 November 2009

DELIVERED AT:

Brisbane

HEARING DATE:

20 November 2009

JUDGES:

Keane and Holmes JJA and Atkinson J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   Application for leave to appeal against sentence granted

2.   Appeal allowed to the extent of setting aside the sentence of 10 years imprisonment and substituting in its place a sentence of nine years imprisonment, and setting aside the serious violent offence declaration

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant convicted on own plea of two counts of manslaughter – where applicant fatally struck victims with vehicle on footpath – where applicant suffered Bipolar Affective Disorder – where applicant voluntarily intoxicated herself with various prescription drugs in excess of their therapeutic dosage – where applicant entered plea of guilty on day of trial – where applicant claimed trial judge erred by failing to find causal link between Bipolar Affective Disorder and the applicant's conduct – where applicant claimed trial judge erred by failing to recognise her plea of guilty – whether sentence manifestly excessive

R v Dwyer [2008] QCA 117, cited
R v Kelly [1999] QCA 296, considered
R v Rosenberger; ex parte Attorney-General [1995] 1 Qd R 677; [1994] QCA 488, cited
R v Tsiaras [1996] 1 VR 398, cited
R v Verdins (2007) 16 VR 269; [2007] VSCA 102, cited

COUNSEL:

C W Heaton for the applicant
M J Copley SC for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

  1. KEANE JA: 

    On 21 October 2008 the applicant was convicted on her own plea of two counts of manslaughter.  The applicant was sentenced on 12 June 2009.  On each count she was sentenced to 10 years imprisonment, the sentences to be served concurrently.  A serious violent offence declaration was made.  A period of


    491 days pre-sentence custody was declared as time served under the sentence.  The applicant was disqualified from holding or obtaining a driver's licence for life. 

  1. The applicant filed an appeal in respect of conviction and sought leave to appeal against her sentence.  Shortly before the hearing of this matter, the applicant filed a notice of abandonment of her appeal against conviction. 

  1. The sentence is said to be "manifestly excessive in all the circumstances".  I will summarise the facts relating to the offence and the sentence before discussing the applicant's contentions.

The circumstances of the offence

  1. The applicant pleaded guilty to having unlawfully killed two young boys, Jye Nicholas Strong (who was 15 years old) and Nathan Colin Sprecak (who was

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Details
AGLC
R v Clark [2009] QCA 361
Case
[2009] QCA 361
Decision Date

CaseChat Overview and Summary

In the case of R v Clark, the applicant was convicted on their own plea of two counts of manslaughter. The applicant had fatally struck two victims with their vehicle on a footpath. The applicant suffered from Bipolar Affective Disorder and had voluntarily intoxicated herself with various prescription drugs in excess of their therapeutic dosage at the time of the incident. The applicant entered a plea of guilty on the day of trial and claimed that the trial judge erred in not finding a causal link between their Bipolar Affective Disorder and their conduct. Additionally, the applicant claimed that the trial judge erred by not recognising their plea of guilty. The applicant sought leave to appeal against their sentence, arguing that it was manifestly excessive.

The legal issues before the court were whether the trial judge erred in failing to find a causal link between the applicant's Bipolar Affective Disorder and their conduct, and whether the trial judge erred in not recognising the applicant's plea of guilty. The court also considered whether the sentence of 10 years imprisonment was manifestly excessive or inadequate.

The court found that the trial judge had not erred in failing to find a causal link between the applicant's Bipolar Affective Disorder and their conduct, as the applicant had voluntarily intoxicated themselves with prescription drugs. The court also found that the trial judge had recognised the applicant's plea of guilty. However, the court found that the sentence of 10 years imprisonment was manifestly excessive, as it had not taken into account the applicant's plea of guilty and the circumstances surrounding the incident. The court allowed the appeal to the extent of setting aside the sentence of 10 years imprisonment and substituting in its place a sentence of nine years imprisonment, and setting aside the serious violent offence declaration.

The court granted the applicant leave to appeal against their sentence and allowed the appeal to the extent of setting aside the sentence of 10 years imprisonment and substituting in its place a sentence of nine years imprisonment, and setting aside the serious violent offence declaration.

Orders

Orders of the court

1. Application for leave to appeal against sentence granted

2. Appeal allowed to the extent of setting aside the sentence of 10 years imprisonment and substituting in its place a sentence of nine years imprisonment, and setting aside the serious violent offence declaration

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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